D.K. Sinha, J.-The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the order dated 18.7.2008, passed by Sri Dhanjaya Kumar, Judicial Magistrate, 1st Class, Jamshedpur by which a prima facie case was found against the petitioners for the alleged offence under Sections 304, 420, 269, 270, 201, 204, 323, 504, 1208/34 of the Indian Penal Code after inquiry under Section 202 of the Code of Criminal Procedure In CII Case No. 771 of 2007. Petitioners have further requested for quashment of their entire criminal proceedings arising out of the said complaint case.

2. Prosecution story in short was that the complainant-opposite party No.2 herein Sri Vimal Kumar Panday, an Advocate had admitted his wife Smt. Neelam Panday in the TELCO Hospital, Jamshedpur on 12.10.2006 as she was suffering from high fever and body-ache. On 14.10.2006 when temperature of Smt. Neelam Panday did not reduce, on being enquired by the complainant, the accused No. 2 Dr. Paul of TELCO Hospital said that his wife was suffering from malaria and would be cured on administration of drug by evening. The complainant-opposite party No. 2 r